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HomeMy WebLinkAboutT-6108 - Agreement/Covenant - 10/12/2016 (4) . RECORDING REQUESTED BY WHEN RECORDED MAIL TO: IIII III I IIII II II II IIII III II I II VIII�IIII I II�VIII FRESNO County Recorder City clerk . Paul Dictos, C.P.A. City of Fresno DOC 2016-0134856 2600 Fresno Street Acct 70-Old Republic Title CONCORD Fresno, CA 93721-3603 Tuesday, OCT 04, 2016 08:00:00 Tt 1 Pd $93.00 Rcpt # 0004628092 RGR/R4/4-13 NO FEE - Government Code 6103 CITY OF FRESNO Public Works Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR THE MAINTENANCE OF LANDSCAPE IMPROVEMENTS FOR CERTAIN LOTS WITHIN THE FINAL MAP OF TRACT NO. 6108 STATEMENT OF COVENANTS Landscape Maintenance Tract No.6108 Page 2 RECITALS WHEREAS, FOWLER DEVELOPMENT COMPANY, INC., a California Corporation, hereinafter referred to as the "Covenantor," is the owner of the real property situated in the City of Fresno, County of Fresno, State of California, hereinafter referred to as the "Subject Property"and more particularly described as: Lots 1, 25, 30, 31 and 38 of the Final Map of Tract No. 6108 according to the map thereof recorded on (�-hnh&.rr !:t,.24Jb in Volume$!p of Plats at Page(s) 4D+41 , Fresno County Records; and WHEREAS, the Covenantor hereby warrants that any and all parties having record title interest in the Subject Property which may ripen into a fee have subordinated to this instrument and that all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and WHEREAS, Resolution No. 13356 of the Fresno City Planning Commission conditionally approved Vesting Tentative Map No. 6108, hereinafter referred to as the "Tentative Map;" and WHEREAS, a condition of approval of the Tentative Map requires the Covenantor to install and maintain certain improvements within the limits of the Tentative Map; and WHEREAS, a condition of approval of the Tentative Map requires that the maintenance of such improvements shall be the responsibility of the Covenantor,a homeowners association or the City of Fresno's ("City's") Community Facilities District; and WHEREAS, Covenantor has elected to satisfy the majority of this maintenance condition by annexing the Subject Property in the City's Community Facilities District. The remaining improvements not annexed into the City's Community Facilities District are the landscape improvements within a 5 foot landscape area on the Subject Property that is adjacent to and sides onto a street; and WHEREAS, Covenantor has elected to satisfy this maintenance condition by Covenantor's personal responsibility; and STATEMENT OF COVENANTS Landscape Maintenance Tract No.6108 Page 3 COVENANTS, CONDITIONS AND RESTRICTIONS NOW THEREFORE, it is agreed in consideration of the foregoing and the approval of the final map for the Subject Property by the City of Fresno, the Covenantor hereby covenants, promises and agrees with the City of Fresno for the benefit of said City that: 1. The landscape improvements within a 5 foot landscape area on the Subject Property that is adjacent to and sides onto a street will be designed and installed according to improvement plans prepared by the Covenantor and approved by the Public Works Director. 2. Covenantor shall maintain said improvements at Covenantor's sole expense in a manner acceptable to the Public Works Director. 3. The Covenantor shall provide to every prospective purchaser of the Subject Property, a copy of this covenant. 4. It is the intention hereof that this document shall constitute a covenant in favor of the City of Fresno and shall run with the land and be binding upon the undersigned, its grantees, heirs, and successors and assigns. 5. The foregoing conditions shall remain in full force and effect until such time as the Director of the Public Works Department issues a written release of such conditions and obligations and records such release with the Fresno County Recorder. 6. The provisions of this Statement of Covenants shall be deemed independent and severable and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any one provision thereof. Whenever the context of the Statement of Covenants so requires, in interpreting this Statement of Covenants,any gender includes the other genders, the singular includes the plural, and the plural includes the singular. 7. If either party is required to commence any proceeding or legal action to enforce or interpret any term or condition of this Statement of Covenant,the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal STATEMENT OF COVENANTS Landscape Maintenance Tract No. 6108 Page 4 expenses. For the purposes of this Statement of Covenant, "attorneys'fees"and "legal expenses" include, without limitation, paralegals' fees and expenses, attorneys, consultants fees and expenses, expert witness fees and expenses, and all other expenses incurred by the prevailing party's attorneys in the course of the representation of the prevailing party in anticipation of and/or during the course of litigation,whether or not otherwise recoverable as"attorneys'fees"or as"costs" under California law, and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorneys' fees. 8. The-waiver by either party of a breach by the other of any provision of this Statement of Covenant shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Statement of Covenant. No provisions of this Statement of Covenant may be waived unless in writing and signed by all parties to this Covenant. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. STATEMENT OF COVENANTS Landscape Maintenance Tract No. 6108 Page 5 0'�-/T- : 16, 2-"16 CITY OF FRESNO, COVENANTOR a Municipal Corporation FOWLER DEVELOPMENT COMPANY, INC., Public Works Department A California Corporation Scott Mozier, P.E., Director M By: By: Andrew J. Benelli, Assistant Director Darius Assemi,-8bribr Vice President APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney (Attach Notary Acknowledgment) BY: ry Raterman-Doidge rlcni ifii(-ifv Aff--, / vcF;ULY vILr r-AiwIiicr Date: TZI:6 Z10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of On �' G, 201(p before me, Date 4re Insert Name and Title of e Officer personally appeared 0S Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(* whose name(&} is/aeee subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/her7�authorized capacity(iee), and that by his/fir signature(&)on the instrument the person(&, or the entity upon behalf of which the person(&}acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MADELYN CUELLAR WITNESS my hand and official seal. Commission*2103017 Notary Publk-C400M18 Fresno County My Comm.Ex fres Mar 13 2019 Signature SighAire of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: - Corporate Officer — Title(s): L Corporate Officer — Title(s): 0 Partner — r7 Limited C General C Partner — C Limited -1 General F-1 Individual Cl Attorney in Fact � Individual -1 Attorney in Fact 0 Trustee 0 Guardian or Conservator F__.Trustee 0 Guardian or Conservator 0 Other: I.- Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document,to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document CLERK'S CERTIFICATION State of California ) County of Fresno ) On September 15, 2016 before me, Marco Martinez-Velasquez, Deputy City Clerk, personally appeared, Andrew J. Benelli, P.E., Assistant Director of Public Works of the City of Fresno, who proved to me on the basis of satisfactory evidence, to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the . foregoing paragraph is true and correct. WITNESS my hand and official seal . YVONNE SPENCE, CMC ofF� �J? City Clerk, City of Fresno /,fcam 4.1 IY� . fir'beputy SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on May 13, 2014 , in the office of the Fresno County Recorder as Document No. 2014-0053361 of which the Deed of Trust in by and between: Fowler Development Company, Inc,A California Corporation as Trustor, Old Republic Title Company , as Trustee, and Locans Investments, LLC., A California Limited Liability Company , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development for the Maintenance of Landscape Improvements for Certain Lots of the Final Map of Tract No. 6108. DATED: 0909 Izo16 BENEFICIARY GXn:,.s 1Nbr S7,411A117-4; t&C i9 Gas Li/-eRni.4 G����v u�a/'�L/�� Cd,wpfljvr By: Vt�ReK VA P,YASN 1 Name: Title: Gl=O By: Name: Title: (Beneficiary to print/type document information, Name, Title and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy, or validity of that document. State of California ) County of �,'1 D ) Ong� before me, Date HVre Insert Name and Title of thb Officer personally appeared _DCrvk A-bm sVn Name(s)of gner(s) who proved to me on the basis of satisfactory evidence to be the person(* whose name(* is/ subscribed to the within instrument and acknowledged to me that he/she/hey executed the same in his/he#th&authorized capacity(ies),and that by his/beA4.b&signature(s)on the instrument the person(@), or the entity upon behalf of which the person(e) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ZeafrIADELYN CUELLAR WITNESS my hand and official seal. Commission*2103017 Notary Public -California inn ,, Fresno County Signature i' ' `A Comm.Expires MW 13.201i Sig ure of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: El Corporate Officer — Title(s): LL Corporate Officer — Title(s): i_ Partner — El Limited ❑ General L1 Partner — ::1 Limited General F-1 Individual J Attorney in Fact '—I Individual L7 Attorney in Fact �;Trustee Ll Guardian or Conservator D Trustee ❑ Guardian or Conservator G Other: J Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association -www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on August 6, 2014 , in the office of the Fresno County Recorder as Document No. 2014-0086568 of which the Deed of Trust in by and between: Fowler Development Company, Inc, A California Corporation as Trustor, Old Republic Title Company , as Trustee, and U.S. Bank National Association, d/b/a Housing Capital Company as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development for the Maintenance of Landscape Improvements for Certain Lots of the Final Map of Tract No. 6108. DATED:_Tzzn 1 BENEFICIARY /� o AN1, By: �C �cJ t,y►. Name: Oo C`-n'c �- • �Vl �A/� Title: V Y By: Name: Title: (Beneficiary to print/type document information, Name, Title and attach Notary Acknowledgment) to CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy,or validity of that document. State of California ) County of Ft esw-l0 ) On SCt2tZMbW e4.1 201 tP before me, Cu1✓Mr t Date Offi �1 _ Here Insert Name and Title of the cer personally appeared Ceuv I'e- L- _DIM -,L�n Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(* whose name(O is/aAe- subscribed to the within instrument and acknowledged to me that #�e/she/##My executed the same in +vis/her/themir authorized capacity(aes), and that by 4,ds/her/#reir signature(e)on the instrument the person(a), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MADELYN CUELLAR Comnk6wI2103017 WITNESS my hand and official seal. Notary Pullik-California trhm County My Comm Mar 13.2019 J Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — i� Limited ❑General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual '=1 Attorney in Fact C Trustee ❑ Guardian or Conservator ❑Trustee ^I Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on May 27, 2016 , in the office of the Fresno County Recorder as Document No. 2016-0067751 of which the Deed of Trust in by and between: Fowler Development Company, Inc, A California Corporation as Trustor, Old Republic Title Company , as Trustee, and U.S. Bank National Association, d/b/a Housing Capital Company , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development for the Maintenance of Landscape Improvements for Certain Lots of the Final Map of Tract No. 6108. DATED:, 09 09 201x7 BENEFICIARY S, NAr1a�,�z 57 J do f4�a� By: Name: Ca me ran I / � Title: V ' I By: Name: Title: (Beneficiary to prinbtype document information, Name, Title and attach Notary Acknowledgment) �v CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of F_Y-ees no ) OnaV[fAMbA- Q, 20110 before me, Madduin CUKI tai-, �vbl IcJ , Dateere Insert Name and Title of e Officer personally appeared e-dt-��i� L- DILL 1-44-1 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(e) is/are subscribed to the within instrument and acknowledged to me that 43e/she/t# executed the same in 44s/her/t4eir authorized capacity(ie*, and that by-Fits/her/44eir signature(o)on the instrument the person(e,), or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KMVN WITNESS my hand and official seal. Coml Aaft 0 2103017 = NoWI PullBe-California Z Rano County Signature Com fres Mar 13.2019 Si ttire of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — LJ Limited - General ❑ Partner — ❑ Limited LJ General ❑ Individual F-I Attorney in Fact I-1 Individual ❑Attorney in Fact ❑Trustee 1-1 Guardian or Conservator Ll Trustee _1 Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907